NANBOO KEDAR Vs. STATE

JUDGEMENT

(1.) THE two appellants Nanboo and Kutar have been convicted under Section 304 (Part II) and 304 (Part II) read with Section 114. I. P. C. and have been sentenced to Rule 1 for 6 years and 4 years respectively.

(2.) ON 14-3-1960 at about 9 a. m. there was a Puja known as "badawat" in the house of one Lalsingh P. W. 1, where many persons assembled including the two appellants, as well as Gulabingh P. W. 2, Jayram P. W. 3, Dalsingh P. W. 4, Kadu p. W. 5 and Bhilu P. W. 12. They all belonged to the same village. The deceased ratan-singh also came there and sat in the assembly. His presence was however objected to by appellant No. 2 Kutar on the ground that lie had an illicit connection with the wife of his son Juwan-singh. Ratansingh's denial of the fact resulted in some quarrel at which Kutar asked his son Nanboo, appellant No. 1 to beat him. Nanboo accordingly took up a log of wood lying nearby and gave on the head of ratan a heavy blow. Ratan fell down and. the two appellants ran away. On receipt of this information the police arrived at the village at about 12 in the noon and inquired about the incident. On the next day Ratan was sent to the hospital of jobat. On 19-3-1960 at 1 p. m. Ratan succumbed to the injuries. The two appellants thereupon were prosecuted under Sections 302 and 302 read with section 114, I. P. C. but ultimately have been convicted and sentenced as stated above.

(3.) DR. Kaushik of the Jobat hospital examined Ratan at the time of his admission to the hospital and also performed the post mortem after his death at 4 p. m. He found lacerated wound 3" x 2" x 2'' behind the right ear. He also found a facture of temporal bone which according to him was sufficient in the ordinary course of nature to cause death. The death was on account of the shock and haemorrahage as a result of the injury.